Third National Bank and Trust Co. v. Aetna Casualty and Surety Company. Third National Bank and Trust Co.

decided: December 9, 1965.

THIRD NATIONAL BANK AND TRUST COMPANY OF SCRANTON, APPELLANT,v.THE AETNA CASUALTY AND SURETY COMPANY. THIRD NATIONAL BANK AND TRUST COMPANY OF SCRANTON, V. THE AETNA CASUALTY AND SURETY COMPANY, APPELLANT

Biggs, Chief Judge, and Forman and Freedman, Circuit Judges.

Author: Per Curiam

In view of the decision of this court in Fidelity Trust Co. v. American Surety Co. of New York, 268 F.2d 805 (1959), the appeals at bar not having been heard by the court en banc, we are bound by that decision. The judgment of the court below therefore will be affirmed. Cf. Exchange Nat. Bank of Olean v. Insurance Co. of No. Amer., 341 F.2d 673 (2 Cir. 1965) cert. denied 382 U.S. 816, 86 S. Ct. 37, 15 L. Ed. 2d 63 (1965), and First Nat. B. & T. Co. of Oklahoma City, Oklahoma v. United States F. & G. Co., 347 F.2d 945 (10 Cir. 1965).

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